Well if it makes any of y'all feel any better the driver was a fleeing felon.
Texas Statutes - Section 20.05: UNLAWFUL TRANSPORT
(a) A person commits an offense if the person for pecuniary benefit transports an individual in a manner that:
(1) is designed to conceal the individual from local, state, or federal law enforcement authorities; and
(2) creates a substantial likelihood that the individual will suffer serious bodily injury or death.
(b) An offense under this section is a state jail felony.
And the driver can of course be charge for the deaths
Texas Statutes - Section 38.04: EVADING ARREST OR DETENTION
(a) A person commits an offense if he intentionally flees from a person he knows is a peace officer attempting lawfully to arrest or detain him.
(b) An offense under this section is a Class B misdemeanor, except that the offense is:
(1) a state jail felony if the actor uses a vehicle while the actor is in flight and the actor has not been previously convicted under this section;
(2) a felony of the third degree if:
(A) the actor uses a vehicle while the actor is in flight and the actor has been previously convicted under this section; or
(B) another suffers serious bodily injury as a direct result of an attempt by the officer from whom the actor is fleeing to apprehend the actor while the actor is in flight; or
(3) a felony of the second degree if another suffers death as a direct result of an attempt by the officer from whom the actor is fleeing to apprehend the actor while the actor is in flight.
(c) In this section, "vehicle" has the meaning assigned by Section 541.201, Transportation Code.
(d) A person who is subject to prosecution under both this section and another law may be prosecuted under either or both this section and the other law.
So while the Trooper suspected they were committing a drug related felony, they were actually committing a human trafficing felony instead. But they were most definitely committing felony evading.
Texas Statutes - Section 7.02: CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER
(a) A person is criminally responsible for an offense committed by the conduct of another if:
(1) acting with the kind of culpability required for the offense, he causes or aids an innocent or nonresponsible person to engage in conduct prohibited by the definition of the offense;
(2) acting with intent to promote or assist the commission of the offense, he solicits, encourages, directs, aids, or attempts to aid the other person to commit the offense; or
(3) having a legal duty to prevent commission of the offense and acting with intent to promote or assist its commission, he fails to make a reasonable effort to prevent commission of the offense.
(b) If, in the attempt to carry out a conspiracy to commit one felony, another felony is committed by one of the conspirators, all conspirators are guilty of the felony actually committed, though having no intent to commit it, if the offense was committed in furtherance of the unlawful purpose and was one that should have been anticipated as a result of the carrying out of the conspiracy.
So forget negligent homicide, we have....
And Hopyard I agree that what the feds did at Waco was reprehensible but not because the children died. Their deaths (like these) were an unintended consequence of the action. To me the question of if a pursuit was proper is answered by the initial reason for the attempted stop, time of day, location, traffic and weather conditions. Not whether it ends when the officer involved T-bones a mini van and kills a family of four. Either the action was justified or it was not.
Texas Statutes - Section 19.02: MURDER
(a) In this section:
(1) "Adequate cause" means cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection.
(2) "Sudden passion" means passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation.
(b) A person commits an offense if he:
(1) intentionally or knowingly causes the death of an individual;
(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; or
(3) commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.
(c) Except as provided by Subsection (d), an offense under this section is a felony of the first degree.
(d) At the punishment stage of a trial, the defendant may raise the issue as to whether he caused the death under the immediate influence of sudden passion arising from an adequate cause. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree.
So our driver should be facing two murder charges, plus his felony illegal transport, his felony evading, whatever traffic offenses he committed during the pursuit and once we are done with him turn him over to the feds so they can have their turn with him.